Opinion
Argued September 23, 1965
Decided October 21, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HYMAN BARSHAY, J.
Gretchen White Oberman and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( William I. Siegel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, VAN VOORHIS, SCILEPPI and BERGAN. Chief Judge DESMOND and Judges FULD and BURKE dissent and vote to reverse the order of the Appellate Division and to direct the grant of coram nobis relief upon the ground that defendant was entitled, as a matter of constitutional law, to timely notice following his conviction either from the trial court or from his trial counsel of his right to appeal, the time within which such appeal must be taken and the applicable procedure to be followed.